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Motion vs by-laws


Guest Lee

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Background

An organization has a specific procedure for amending by-laws. A motion was made two years ago during a general meeting that directly changes that by-law. This is not the written procedure for a by-law change. Business has been conducted based on that motion.

Does that motion have any standing or would it be void as soon as the issue is discovered? Would the organization have to immediately begin conducting business under the proper by-law and disregard the previously passed motion?

Note: the by-law in question was amended properly 10 years ago, according to by-law rules.

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Background

An organization has a specific procedure for amending by-laws. A motion was made two years ago during a general meeting that directly changes that by-law. This is not the written procedure for a by-law change. Business has been conducted based on that motion.

Does that motion have any standing or would it be void as soon as the issue is discovered? Would the organization have to immediately begin conducting business under the proper by-law and disregard the previously passed motion?

Note: the by-law in question was amended properly 10 years ago, according to by-law rules.

The motion is void and the organization should follow the Bylaws.

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